1 2025:CGHC:57032 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9137 of 2025 1 - Arjun Das S/o Sundar Das Mahant Aged About 65 Years Occupation Agriculturist, R/o- Village- Kesla, Police Station- Lailunga, Tahsil- Lailunga And District- Raigarh, C.G. ... Applicant(s) versus 1 - State Of Chhattisgarh Through S.H.O. Of Police Station- Lailunga, Tahsil- Lailunga And District- Raigarh, C.G. ... Respondent(s) For Applicant(s) : Shri Abhishek Saraf, Advocate For Respondent/State : Ms. Pragya Shrivastava,Dy. GA (Hon’ble Shri Justice Arvind Kumar Verma) Order on Board 24/11/2025 The applicant has filed this bail application under Section 483 of the Bhartiya Nagrrik Suraksha Sanhita for grant of regular bail as he is in custody in connection with Crime No. 170/2025 registered at police SUGUNA DUBEY Digitally signed by SUGUNA DUBEY Date: 2025.11.27 11:35:43 +0530 2 station Lailunga, District Raigarh (CG) for the offence punishable under Sections 103(1), 238 and 3(5) of BNSS. 2. As per the case of prosecution, dehati merg intimation was lodged on 17.06.2025 by Bajrang Das Mahant, son of the deceased. It was alleged that a land dispute was ongoing between the deceased and the applicant before the Court at Gharghoda due to which the applicant made an attempt to assault the deceased. It is alleged that on the date of incident ie. 17.06.2025, in the morning deceased left to his fields for agricultural work and thereafter at about 12.30 pm complainant received a call from the villager informing that the dead body of his father was lying in the field of Bhainsamuda and found his head was crushed and pieces of flesh and fragments of the skull were scattered around. On the basis of the said report, the applicant and the co-accused were arrested. 3. Counsel for the applicant submits that the applicant is innocent and he has been falsely implicated due to the ongoing land dispute. It is argued that the alleged memorandum and seizure are fabricated and there is no direct evidence against the applicant. He further submits that the applicant is in jail since 19.06.2025, the charge sheet has been filed and the trial is likely to take some time, he is ready and willing to comply with any of the conditions which may be imposed upon him and thus, it is submitted that the application be allowed and the applicant be released on bail. 4. Learned counsel for the respondent/State, on the other hand, has opposed the bail application and submits that the nature of offence is 3 grave, the applicant had a prior enmity with the deceased and the memorandum statement has led to the recovery of a wooden stick used in the commission of the offence. 5. After hearing learned counsel for the parties and perusing the case diary, this Court finds that the deceased was found with severe head injuries and sharp cut wounds, indicating brutal assault. There was a long standing land dispute between the deceased and the applicant establishing a prima facie motive. The seizure of a wooden stick from the applicant pursuant to his memorandum under Section 52 of the BNSS is a relevant incriminating circumstance. 6. Considering the gravity of the offence, the nature of allegations, the material collected during investigation, I am not inclined to release the applicant on bail. Accordingly, his bail application is rejected. However, looking to the detention period of the applicant, it is expected that the trial Court shall conclude the trial expeditiously. Sd/- (Arvind Kumar Verma) Judge